During a general tax investigation into the business HMRC received copies of emails about a potential sale of the business from a few years ago where cash omissions had been disclosed and inflated to the potential purchaser to make the business value higher.
HMRC then decided to offer the Contractual Disclosure Facility to the individuals. Gilbert Tax was approached and agreed to act on behalf of the individuals.
No one was aware that the information about the sale was in the hands of HMRC and this came out after a report had been sent to HMRC showing lower cash omissions than in the emails HMRC held.
HMRC would not disclose the source of their information and eventually the client remembered what had happened and further representations were made to HMRC which persuaded them that the cash omissions were lower than those in the information they held, and matters were progressed to settlement.
As there were not sufficient funds to pay all of the tax, interest and penalties a 'time to pay arrangement' over 3 years was agreed to enable the duties to be paid to HMRC.
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